Decision 1893E – Lodi Unified School District

SA-CE-2081-E

Decision Date: March 20, 2007

Decision Type: PERB Decision

Description:  The California School Employees Association and its Lodi Chapter #77 appealed a proposed decision dismissing the complaint and underlying charge.

Disposition:  The Board upheld the dismissal because there was no evidence to support an inference of unlawful motivation.

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Perc Vol: 31
Perc Index: 76

Decision Headnotes

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case

Protected activity followed by adverse action is not sufficient without nexus to establish a connection between the protected activity and the adverse action to show unfair practice. If adverse action is based on other conduct of charging party and not protected activity burden has not been met.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.14000 – Other/In General

Protected activity followed by adverse action is not sufficient without nexus to establish a connection between the protected activity and the adverse action to show unfair practice. If adverse action is based on other conduct of charging party and not protected activity burden has not been met.